§ 11–1726. Compensation and benefits for court personnel.

(a) In the case of nonjudicial employees of the District of Columbia courts whose compensation is not otherwise fixed by this title, the Executive Officer shall fix the rates of compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code. Any rates so established shall be subject to the limitation on maximum pay in section 5382(a) of such title. In fixing the rates of compensation of nonjudicial employees under this section, the Executive Officer may be guided by the rates of compensation fixed for employees in the executive and judicial branches of the Federal Government or State or local governments occupying the same or similar positions or occupying positions of similar responsibility, duty, and difficulty.

(b)(1) Nonjudicial employees of the District of Columbia courts shall be treated as employees of the Federal Government solely for purposes of any of the following provisions of title 5, United States Code:

(A) Subchapter 1 of chapter 81 (relating to compensation for work injuries).

(B) Chapter 83 (relating to retirement).

(D) Chapter 87 (relating to life insurance).

(E) Chapter 89 (relating to health insurance).

(F) Chapter 89A (relating to enhanced dental benefits).

(G) Chapter 89B (relating to enhanced vision benefits).

(H) Chapter 90 (relating to long-term care insurance).

(2) The employing agency shall make contributions under the provisions referred to paragraph (1) [of this subsection] at the same rates applicable to agencies of the Federal Government.

(3) An individual who is a nonjudicial employee of the District of Columbia courts on the date of the enactment of the Balanced Budget Act of 1997 [August 5, 1997] may make, within 60 days after such date, an election under section 8351 or section 8432 of title 5, United States Code, to participate in the Thrift Savings Plan for Federal employees.

(c)(1) Judicial employees of the District of Columbia courts shall be treated as employees of the Federal Government for purposes of any of the following provisions of title 5, United States Code:

(A) Subchapter 1 of chapter 81 (relating to compensation for work injuries).

(B) Chapter 87 (relating to life insurance).

(D) Chapter 89A (relating to enhanced dental benefits).

(E) Chapter 89B (relating to enhanced vision benefits).

(F) Chapter 90 (relating to long-term care insurance).

(2) The employing agency shall make contributions under the provisions referred to paragraph (1) [of this subsection] at the same rates applicable to agencies of the Federal Government.

(3) For purposes of section 8706(b) and section 8901(3)(B) of title 5, United States Code, benefits paid from the retirement system for judicial employees of the District of Columbia courts or from the system providing benefits to survivors of such employees shall be considered an annuity.

(4) For purposes of section 8901(3)(A) of title 5, United States Code, the retirement system for judicial employees of the District of Columbia courts shall be considered a retirement system for employees of the Government.

(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the District of Columbia courts, the Joint Committee on Judicial Administration shall, notwithstanding any provision of such Act, establish a paid parental leave program for the leave described in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or a placement of a child for adoption or foster care). In developing the terms and conditions for this program, the Joint Committee may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.

(July 29, 1970, 84 Stat. 511, Pub. L. 91-358, title I, § 111; Aug. 5, 1997, 111 Stat. 755, Pub. L. 105-33, § 11246(b)(1); Feb. 20, 2003, 117 Stat. 129, Pub. L. 108-7, Div. C, title III, § 138(b); Oct. 16, 2006, 120 Stat. 2024, 2027, Pub. L. 109-356, §§ 112(a), 117(b); Jan. 1, 2021, Pub. L. 116-283, 134 Stat. 3388, § 1103(b)(1), .)

Prior Codifications

1981 Ed., § 11-1726.

1973 Ed., § 11-1726.

Effect of Amendments

Section 138 of Public Law 108-7 added subsecs. (b)(1)(F) and (c)(1)(D).

Pub. L. 109-356, in the second sentence of subsec. (a), substituted “maximum pay in section 5382(a)” for “pay fixed by administrative action in section 5373”; in subsec. (b)(1), rewrote subpar. (F) and added subpars. (G) and (H); and, in subsec. (c)(1), rewrote subpar. (D) and added subpars. (E) and (F).

Effective Dates

Section 11246(b)(3) of title XI of Pub. L. 105-33, 111 Stat. 755, provided that the amendments made by § 11246(b) shall apply with respect to all months beginning after the Dates on which the Director of the Office of Personnel Management issues regulations to carry out § 11-1726 (as amended by § 11246(b)(1)).

Section 112(b) of Pub. L. 109-356 provided that the amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [October 16, 2006].